QUESTION

Can I file for my out of status husband if I only have a green card?

Asked on Jan 15th, 2011 on Immigration - Florida
More details to this question:
I only have a green card. Can I file for my husband if he is out of status? Or will he have to go home to get a visa?
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3 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
If your husband is out of status, I would suggest consulting with an attorney to work out the timing to file and whether he will be eligible to file in the U.S. or must return home and apply for a waiver. Part of the strategy on what to do will depend on how close you are to U.S. citizenship, his eligibility, any criminal record for him, any prior deportation, any prior border stops, and many other factors. We would be happy to consult with you to help work out the best strategy. We do charge for consultations but the consultation fee would then be a credit toward the fees for your case if we are retained thereafter. Contact me as indicated below to arrange a consultation and get further information on procedures and fees.
Answered on Jan 24th, 2011 at 4:43 PM

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If you are a green card holder and you file for your husband, he will have to return to his home country to process his green card. If you become a US citizen and he entered the US with a visa, then he does not have to return to his country to process his visa.
Answered on Jan 17th, 2011 at 11:13 AM

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Immigration Attorney serving Hollywood, FL
2 Awards
It depends how he entered the US. You should apply for naturalization if you qualify.
Answered on Jan 17th, 2011 at 8:43 AM

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